6\/18\/16<\/p>\n
I. ANOTHER RMA CENTRIC LAWSUIT LOSS
\nII. TWO ARTICLES ABOUT THE PARAMOUNT LAWSUIT
\nIII. MEMBER COMMENTS ON THE LAWSUIT
\nIV. EVENTS<\/p>\n
…Absolutely guaranteed anonymity – Former Musician’s Union officer
\n…The one voice of reason in a sea of insanity – Nashville ‘first call’
\nscoring musician
\n…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician
\n…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician<\/p>\n
COMING NEXT WEEK<\/p>\n
+Late next week will be a bombshell edition on the AFM Convention –
\nPlease read and share to all you know!+<\/p>\n
======================================<\/p>\n
I. ANOTHER RMA CENTRIC LAWSUIT LOSS<\/p>\n
Once again, the AFM spends Rank and File members dues to try to
\nenrich the July checks of mostly the RMA elites, and once again,… loses.<\/p>\n
We’d certainly like to know how much of the member’s dues was spent
\non yet another failed RMA money grab.<\/p>\n
Please read about the lawsuit below. We include two articles, one from
\nthe Hollywood Reporter and the other from DEADLINE HOLLYWOOD.<\/p>\n
======================================<\/p>\n
II. TWO ARTICLES ABOUT THE PARAMOUNT LAWSUIT<\/p>\n
FROM THE HOLLYWOOD REPORTER<\/p>\n
Paramount Beats Musicians Guild in Lawsuit Over Outsourcing Film Scores<\/p>\n
June 16, 2016 9:00am PT by Eriq Gardner<\/p>\n
A judge figures out the meaning of “producer” and “employer” in Hollywood.<\/p>\n
On Wednesday, a California federal judge handed Paramount Pictures a
\nsummary judgment victory in a lawsuit brought by the American Federation
\nof Musicians of the United States and Canada over the score to the upcoming
\nfilm Same Kind of Different as Me, starring Renee Zellweger. The ruling
\nfigures to be a very important one in future labor disputes between studios
\nand guilds as the litigation explored a gray area of law \u2014 whether studios
\nare joint employers \u2014 that goes beyond the music for a single film.<\/p>\n
AFM filed its complaint in June 2015 with the claim that Paramount has
\nbreached the terms of a collective bargaining agreement that requires
\nthat films produced in North America shall be scored there.\u00a0Same
\nKind of Different as Me, based on a novel by\u00a0Ron Hall, was scored
\nin Slovakia.<\/p>\n
What made this case a particularly fascinating one to watch was that
\nthe parties went to war over the meaning of a “producer” and “employer”
\nunder guild agreements. Paramount denied being either, and under
\nits theory, that meant the movie had no obligations to be scored
\nin North America.<\/p>\n
According to the facts as laid out by the judge, Hall and two fellow
\nscreenwriters began raising money for a film version. They brought
\nin producer Darren Moorman, who raised $6.5 million and began
\nthe process of casting. A single-purpose entity called SKODAM Films
\nLLC was set up, and the filmmakers began looking to see who
\nmight want to buy distribution rights.<\/p>\n
Disruption Entertainment and its owner Mary Parent were engaged
\nand began working on the pic as producers. Paramount had a
\nmultiyear first-look deal with Disruption and Parent, who worked
\non Paramount’s studio lot (and is now an executive at Legendary).
\nIn October 2014, Paramount and SKODAM\u00a0entered into a co-
\nfinancing and distribution agreement whereby Paramount would
\nput up 40 percent of the film’s budget and obtain a fractional
\ninterest in the copyright to the movie.<\/p>\n
Shooting for the film occurred in Jackson, Miss., in the final
\nmonths that year, and during that time, Paramount was involved,
\namong other things, in choosing cast members. It was Moorman,
\nthough, that appears to have spent the most time on set.<\/p>\n
The first big question this case raised was whether Paramount
\n“produced” Same Kind of Different as Me. On this front, the
\nstudio narrowly lost.<\/p>\n
Paramount argued that the term meant “made,” “shot” or “filmed”
\nin relation to “principal photography,” while AFM asserted that
\nunder the collective bargaining agreement, anyone financing at
\nleast 25 percent of the picture is considered a producer.<\/p>\n
U.S. District Judge Dolly Gee ruled against AFM’s interpretation,
\nfinding it nowhere in the CBA and states that there is “no genuine
\ndispute that the meaning of the word ‘produced’ in Article 3 [of
\nthe relevant CBA] is ‘made\u201d or ‘shot.'”<\/p>\n
However, that doesn’t end the issue.<\/p>\n
“Yet, even under Paramount\u2019s ‘narrow’ definition of ‘produced,’
\nthe Court finds that AFM provided enough evidence to create
\ndisputed issues of fact as to whether Paramount ‘made’ or ‘shot’
\nSame Kind of Different As Me,” Gee wrote. “For instance,
\nthroughout the making of the film, Paramount made weekly
\npayments to SKODAM Films in line with its commitment to
\nfund 40 percent of the Motion Picture\u2019s budget. SKODAM
\nFilms, in turn, submitted weekly invoices to Paramount
\nregarding costs spent. Thus, Paramount was far from being
\na passive investor. Paramount executives received film dailies
\n(e.g., ‘the filmed output for each day’) from SKODAM Films
\nand Disruption each day, on which Paramount executives
\nreviewed, discussed, and commented.”<\/p>\n
Paramount thus failed to defeat the lawsuit on the basis
\nthat it didn’t produce\u00a0Same Kind of Different as Me, which
\nironically, is a film about a relationship. Nevertheless, it
\nwon the lawsuit on another front.<\/p>\n
The CBA provision in controversy applies to those “employed
\nby the producer,” so the second big question raised by the
\ncase is who is the “employer.” Gee noted there’s nothing
\nin the CBA\u00a0dealing with this\u00a0in instances of plural “producers”
\nor “co-producers.”<\/p>\n
But she wrote that “SKODAM Films undisputedly did the bulk
\nof the work making or shooting the Motion Picture” and
\nParamount “cannot have breached the CBA because there
\nis no evidence presented that it either directly or indirectly
\nwas the joint employer, much less the employer, of the
\nmyriad employees working on the production of Same
\nKind of Different as Me, including musicians who worked
\non the Motion Picture\u2019s score. Nor is there any evidence
\nfrom which the Court can infer that Paramount was the
\nalter ego of SKODAM Films or that SKODAM Films was
\nits agent for purposes of hiring and firing.”<\/p>\n
The judge shrugged off AFM’s\u00a0arguments pertaining to
\nParamount’s influence over the film, saying there’s no
\nevidence that the studio “had the right to control the
\nday-to-day activities of the Motion Picture\u2019s cast and
\ncrew or that it exercised more than minimal control
\nover the film\u2019s shooting.”<\/p>\n
Here’s the full opinion,
\nhttps:\/\/www.documentcloud.org\/documents\/2863183-AFM-Opinion.html
\nwhich will likely be read closely by entertainment attorneys and
\ncould influence how productions of films are conducted as
\nwell as negotiations on future collective bargaining agreements.<\/p>\n
———–<\/p>\n
From DEADLINE HOLLYWOOD<\/p>\n
Judge Rejects Musicians Union\u2019s Claim That Paramount
\n\u201cProduced\u201d \u2018Same Kind Of Different As\u00a0Me\u2019<\/p>\n
by David Robb<\/p>\n
June 16, 2016 3:44pm<\/p>\n
A federal judge in Los Angeles has ruled that Paramount Pictures
\nwas not the \u201cproducer\u201d of the upcoming film Same Kind Of Different
\nAs Me and did not violate its contract with the American Federation
\nof Musicians when the film was scored overseas with nonunion musicians.<\/p>\n
The ruling stems from a lawsuit the union filed against Paramount
\nin its ongoing battle to stem the flow of outsourced music in American
\nfilms, many of which are now being scored, as this one was, by
\nmusicians in Slovakia. On Wednesday, U.S. District Court Judge Dolly
\nGee granted Paramount\u2019s motion for summary judgment dismissing
\nthe union\u2019s breach of contract claim.<\/p>\n
The film,\u00a0an\u00a0adaptation of the memoir by Denver Moore, Ron Hall,
\nand Lynn Vincent, originally had an\u00a0April 29, 2016 release date,
\nbut in March the studio pushed it back to February 2, 2017.
\nRenee Zellweger, John Voight and Greg Kinnear star.<\/p>\n
Paramount, which put up 40% of the film\u2019s budget, is signed to
\nthe union\u2019s contract, which requires producers to use AFM musicians
\nwhen scoring films shot in the U.S. The judge, however, ruled that
\nthe definition of \u201cproducer\u201d is so vague in Article 3 of the AFM\u2019s
\ncontract that Paramount\u2019s role in the making of the film did
\nnot fit the definition.<\/p>\n
The AFM argued that it has long understood a studio is the
\nproducer of a film under Article 3 \u201cif it financed at least 25%
\nof the production costs of the motion picture.\u201d The judge,
\nhowever, ruled that \u201cthis 25% threshold appears nowhere
\nin Article 3,\u201d and that the union offered \u201cno evidence of past
\npractices by the parties that demonstrate that they interpreted
\nArticle 3 in this way during the course of their decades-long
\nrelationship.\u201d<\/p>\n
In ruling against the AFM, the judge also noted it was not Paramount,
\nbut Skodam Films, the movie\u2019s production company, that had
\nentered into contracts with vendors and negotiated deals with other
\nunions whose members were involved in the film\u2019s production
\nincluding the DGA and SAG-AFTRA.<\/p>\n
\u201cComparing the day-to-day activities of Skodam Films and
\nParamount,\u201d the judge ruled, \u201cParamount\u2019s involvement in
\nthe making or shooting \u2014 during principal photography \u2014
\nof the motion picture pales in comparison to Skodam
\nFilms\u2019 exhaustive work.\u201d<\/p>\n
[EC: For years, major studios have been acting as the
\ndistributor for films produced by independent companies,
\nwhose companies are often dissolved after the production.
\nThe studios don’t make the film, they distribute it.]<\/p>\n
=============================<\/p>\n
II. MEMBER COMMENTS ON THE COURT LOSS<\/p>\n
Congrats to Ray and the RMA leadership. Another big win…
\nmaybe the lawyers collecting our work dues should actually
\nstudy our contracts before filing a lawsuit next time. Now
\nthere is a court ruling for producers to study so they too
\ncan get out of future scoring obligations.<\/p>\n
“The AFM argued that it has long understood a studio is
\nthe producer of a film under Article 3 \u201cif it financed
\nat least 25% of the production costs of the motion picture.\u201d
\nThe judge, however, ruled that \u201cthis 25% threshold appears
\nnowhere in Article 3,\u201d and that the union offered \u201cno
\nevidence of past practices by the parties that demonstrate
\nthat they interpreted Article 3 in this way during the
\ncourse of their decades-long relationship.\u201d<\/p>\n
—————————-<\/p>\n
“the full opinion, which will likely be read closely by
\nentertainment attorneys and could influence how productions
\nof films are conducted as well as negotiations on future
\ncollective bargaining agreements.”
\n—————————-
\nDeposition of Dennis Dreith:
\nQ:”So where is it that you obtained the understanding that
\nif a company invests in a motion picture and it is not a
\ndistribution deal, that that makes a company, quote,’producer’?<\/p>\n
A: “That’s my personal view. It comes from discussions
\nwith various people in the industry.”
\n—————————-
\nAnother example of dealing with an industry that has changed
\nover the years and the AFM is still dealing with these companies
\nas though it were 40 years ago.\u00a0 Must negotiate contracts that
\nare consistent with the way the world works today.<\/p>\n
\n=======================<\/p>\n
IV. EVENTS<\/p>\n
DEAN AND RICHARD<\/p>\n
DEAN AND RICHARD are now playing every third Friday
\nat Culver City Elks 7:30pm-10;30pm,
\n11160 Washington Pl.
\nCulver City, 90232
\n310-839-8891<\/p>\n
————————————-<\/p>\n
LA WINDS JAZZ KATS 584<\/p>\n
NO COVER, NO MINIMUM.
\nEvery 2nd and 4th Tuesday of the month at Viva Cantina
\n7:30-10:00.
\n900 Riverside Drive, Burbank.<\/p>\n
Free parking across the street at Pickwick Bowl.
\nCome hear your favorite charts played the way they
\nshould be.<\/p>\n
We are in the back room called the Trailside Room.<\/p>\n
Come on down. Guaranteed to swing.<\/p>\n
—————————————<\/p>\n
AUDITIONS FOR CALSTATELA SYMPHONY<\/p>\n
Please pass the word that the annual auditions for the CalStateLA
\nSymphony Orchestra\/Olympia Youth Orchestra for the 2016-2017 season
\nwill begin in June through mid August immediately after the season is
\nover.<\/p>\n
Qualified students may submit the form on line at the website
\nhttp:\/\/www.olympiaphil.org<\/p>\n
under “youth orchestra”.<\/p>\n
I will be in touch to set up a time during the summer. The next
\nseason begins late September of this year through early June of 2017.<\/p>\n
The orchestra consists of talented students age 12 through college
\nage. Rehearsals are at CSULA on Sundays at 4:30-7PM. Tuition is $650
\nfor the entire year. Scholarship is available on a need or merit
\nbasis depending on instrument and individual student. The orchestra
\nstudents will also be able to take optional transferable college
\ncredits from CSULA, perform with college music students in 4 on and
\noff campus concerts.<\/p>\n
This is a great orchestra with lots of talented students taking part.
\nI look forward to hearing from students learning all orchestral
\ninstruments.<\/p>\n
Thank you!<\/p>\n
Fung Ho
\nMusic Director & Conductor
\nCalStateLA Symphony Orchestra\/Olympia Youth Orchestra<\/p>\n
—————————
\n6\/19\/16
\nSONGWRITER’S SQAURE
\nHi folks!
\nPlease join us as four incredible Los Angeles songwriters
\nchat about music and perform their songs in an intimate
\n“in-the-square” setting. Bring your Dad!<\/p>\n
PAM LOE & CHAD WATSON – California Country Music
\nHall of Famer Pam Loe won Female Entertainer of the
\nYear for the California Country Music Association four
\nyears in a row! Husband and acclaimed producer\/bassist
\nChad Watson has worked with Freddy Fender, Charley
\nRich, Ronnie Milsap, and Janis Ian. Together they are
\nan unstoppable force!\u2028\u2028DONNA LYNN CASKEY – An innovative clawhammer
\n‘Banjo Gal’, “her songs resound like modern spirituals.
\nThis is music that is good for the spirit, good for all
\nthat ails us, an acoustic antidote to chaos and overload.
\nShe’s very much the real deal.” – American Songwriter. \u00a0\u2028\u2028MASON SUMMIT – Host of Masons Noise Parlour series
\nat Beyond Baroque. Since age 13 he has been playing
\naround L.A. at Genghis Cohen, Molly Malones, The House
\nof Blues, and Hotel Caf\u00e9. “His album ‘Loud Music & Soft
\nDrinks’ suggests Brian Wilson’s Pet Sounds era.” –
\nHyperbolium.<\/p>\n
Purchase tickets in advance online HERE for 20% off!
\nJust use the discount code: song
\nSunday Night, June 19th\u2028Doors open at 6:30PM, Show starts at 7:00PM (sharp).\u2028At the Lyric\/Hyperion Theater & Cafe.\u20282106 Hyperion Avenue, Los Angeles, CA 90027\u2028$15 at the door or $12 online with discount code\u2028\u2028The monthly showcase is hosted by BILL BERRY and features
\nsongwriters from country to cabaret, r&b to folk and
\neverything in between. Enjoy a glass of wine and dinner
\nwith your show. Free parking. More information at
\nbillberrymusic.com or at lyrichyperion.com.<\/p>\n
Thank you!
\nMuch love,
\n-Bill<\/p>\n
—————————<\/p>\n
6\/22\/16<\/p>\n
CONCERTS AT THE “BOWL”<\/p>\n
The Corbin Bowl and San Fernando Valley Symphony Orchestra
\nPresent Concerts at the “Bowl” in the “Corbin Lounge”
\nWednesday Evenings at 7:30 pm<\/p>\n
June 22<\/p>\n
The Blues Bandits
\nPlay and sing the “Blues,” featuring\u00a0David Reo, guitar and vocals; Jimi Dee,
\nguitar and vocals; Larry Muradian, bass and Chuck Burkinshaw, drums<\/p>\n
+++++++++++++++++++++++++++++++<\/p>\n
OTHER CONCERTS IN THE SERIES<\/p>\n
June 29
\nThe Screaming Clams, part 2
\nRock ‘n’ Roll with music of the ’60s and\u00a0early\u00a0’70s, featuring
\nJimi Dee, lead quitar and vocals; Joel Domine, keys and guitar;
\nLarry Muradian, bass; Nick Scarmack, drummer and Rebecca Ray,
\nvocalist extraordinaire<\/p>\n
“Lounge” at the Corbin Bowl
\n19616 Ventura Boulevard, Tarzana<\/p>\n
Free Admission\/ONE Drink Minimum
\nPersons under 21 years of age not admitted<\/p>\n
——————————————
\n6\/15\/16
\nTHIS WEDNESDAY\u00a0June 15
\nThe BBB\u00a0\u00a0featuring Bernie Dresel returns for
\nthe first time since our live recording
\nto<\/p>\n
Joe’s Great American Bar & Grill\u00a0\u00a0in Burbank
\nfrom \u00a08:30pm-11:15pm
\nNO COVER CHARGE!!
\nNo reservations\u00a0necessary!!
\n21 and older
\n4311 W. Magnolia Blvd.
\nBurbank, CA 91505
\n6\/26\/16
\n——————————————
\nDear Doctor Wu Fans,<\/p>\n
6\/26\/16<\/p>\n
We will be appearing at the\u00a0Santa Monica Endless Summer
\nSOULstice Festival on Sunday, June 26th 2016 from 5:00 to 7:00
\nPM, where we will play two sets of your favorite Steely Dan tunes.
\nPlease bring your friends along\u00a0and enjoy a great time with us!<\/p>\n
Edgemar Courtyard
\n2440 Main Street
\nSanta Monica, CA 90405
\n5:00 – 7:00 PM<\/p>\n
We hope to see you there!<\/p>\n
The Doctor Wu Band
\nhttp:\/\/www.doctorwuband.com\/
\nhttps:\/\/www.facebook.com\/doctorwuband<\/p>\n
—————————————-
\n6\/27\/16
\nMusic at Westwood presents
\nMARIA NEWMAN’S
\nREQUIEM
\nMissa Mortem Da Pacem
\nMass for Peace<\/p>\n
Join us for an extraordinary evening of music with
\nWestwood Master Choir and Soloists
\nwith the
\nWestwood Chamber Orchestra<\/p>\n
June 26th at 5pm<\/p>\n
Westwood Presbyterian Church
\n10822 Wilshire Blvd
\nLos Angeles, CA 90024<\/p>\n
—————————————–<\/p>\n
MASTER IN FLM MUSIC APPLICATIONS STILL BEING ACCEPTED<\/p>\n
The Pacific Northwest Film Scoring Program
\nAt The
\nSeattle Film Institute<\/p>\n
is still accepting applications to the One year<\/p>\n
Master of Music (MM) in Film Composition<\/p>\n
Recently rated as the #4 school for film scoring education
\nin the world by Music School Central and the #2 school
\nfor earning a Masters of Music degree in Film Composition<\/p>\n
Study with program creator and lead instructor<\/p>\n
Hummie Mann<\/p>\n
2 Time Emmy Award Winning film composer of
\n“Robin Hood: Men in Tights” and featured in
\nVariety Magazine’s article “Leaders in Learning”<\/p>\n
Click here to listen and watch student scores from previous years<\/p>\n
Applications are now being accepted for the 2016
\nschool year We offer rolling admissions – applying
\nearly is recommended Scholarship support is
\navailable to early applicants<\/p>\n
================================<\/p>\n
You can read all previous offerings at:http:\/\/www.responsible47.com<\/p>\n
UNTIL NEXT TIME,
\nTHE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47<\/p>\n","protected":false},"excerpt":{"rendered":"
6\/18\/16 I. ANOTHER RMA CENTRIC LAWSUIT LOSS II. TWO ARTICLES ABOUT THE PARAMOUNT LAWSUIT III. MEMBER COMMENTS ON THE LAWSUIT IV. EVENTS …Absolutely guaranteed anonymity – Former Musician’s Union officer …The one voice of reason in a sea of insanity – Nashville ‘first call’ scoring musician …Allows us to speak our minds without fear of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-205","post","type-post","status-publish","format-standard","hentry","category-committee-newsletters"],"_links":{"self":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/posts\/205","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=205"}],"version-history":[{"count":0,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/posts\/205\/revisions"}],"wp:attachment":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=205"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=205"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=205"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}